Proceedings must begin within 12 months of serving a section 8 notice. Notice periods: 2 weeks to 4 months depending on ground.
Official text
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HA 1988 s. 8 — United Kingdom
The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless— the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time limits stated in the notice in accordance with (3) to (4B) (4AA) below; or the court considers it just and equitable to dispense with the requirement of such a notice. The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court. A notice under this section is one in the prescribed form informing the tenant that— the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and those proceedings will not begin earlier than a date specified in the notice in accordance with subsections (3A) to (4B) (4) to (4AA) below ; and those proceedings will not begin later than twelve months from the date of service of the notice. If a notice under this section specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) is not to be earlier than— in the case of a periodic tenancy, the earliest date on which, apart from section 5(1), the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section; in the case of a fixed term tenancy, one month after the date on which the notice was served. If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 either or both of Grounds 7A and 14 in Schedule 2 to this Act (whether with or without other grounds or with any ground other than Ground 7A ) , the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice. If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 7A or 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than— two months from the date of service of the notice; and if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section. In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice. If a notice under this section does not specify Ground 7A or 14 in Schedule 2, the date specified in the notice as mentioned in subsection (3)(b) must not be before the end of the longest period shown in the following table for any ground specified in the notice. Ground specified in notice Period 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B four months beginning with the date of service of the notice 5, 5A, 5B, 5C, 5D, 5H, 7, 9 two months beginning with the date of service of the notice 5E, 5F, 5G, 8, 10, 11, 18 four weeks beginning with the date of service of the notice 4, 7B, 12, 13, 14ZA, 14A, 15, 17 two weeks beginning with the date of service of the notice A notice under this section that specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds) must be served on the tenant within the time period specified in subsection (4D), (4E) or (4F). Where the landlord proposes to rely on condition 1, 3 or 5 in Ground 7A, the notice must be served on the tenant within— the period of 12 months beginning with the day of the conviction, or if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned. Where the landlord proposes to rely on condition 2 in Ground 7A, the notice must be served on the tenant within— the period of 12 months beginning with the day on which the court has made the finding, or if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn. Where the landlord proposes to rely on condition 4 in Ground 7A, the notice must be served on the tenant within— the period of 3 months beginning with the day on which the closure order was made, or if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn. The court may not exercise the power conferred by subsection (1)(b) above if the landlord seeks to recover possession on Ground 7A , 7B or 8 in Schedule 2 to this Act. A notice given by an intermediate landlord under Ground 2ZA is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZC. A notice given by an intermediate landlord under Ground 2ZB is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZD. Where a notice under this section— is served at a time when the dwelling-house is let on a fixed term tenancy, or is served after a fixed term tenancy has come to an end but relates (in whole or in part) to events occurring during that tenancy, the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory periodic tenancy arising on the coming to an end of the fixed term tenancy. Regulations made under section 45(1) by virtue of subsection (3) may— provide for the form to be published by the Secretary of State; provide that the form to be used is the version that has effect at the time the requirement applies.
Section 8 is the gateway notice. The court shall not entertain possession proceedings for an assured tenancy unless the landlord has served a notice complying with this section and the proceedings are begun within the time limits stated in it - or unless the court considers it just and equitable to dispense with the notice. And subsection (2) adds a second bite: the court shall not make an order on any Schedule 2 ground unless that ground and particulars of it are specified in the notice, though grounds may be altered or added with the leave of the court.
The notice must be in the prescribed form and must tell the tenant three things: that the landlord intends to begin proceedings on the grounds specified, that proceedings will not begin earlier than a date specified in accordance with the timing subsections, and that they will not begin later than twelve months from the date of service. That twelve-month long-stop is easy to miss - a notice left unused for more than a year is spent.
How long the notice must give depends entirely on the ground, and the table in the section groups them: four months for a set of grounds including redevelopment and the landlord's own occupation and sale grounds; two months for another set; four weeks for a group that includes the rent arrears grounds; and two weeks for a further group. Grounds 7A and 14 - anti-social behaviour - are handled separately and can allow proceedings to begin immediately or almost immediately, with their own service windows in subsections (4C) to (4F). The court's power to dispense with a notice altogether cannot be used where the landlord relies on Ground 7A, 7B or 8.
When it applies
Checking whether a notice served by a landlord is valid before proceedings start.
A notice that names a ground but gives no particulars of what the tenant is said to have done.
A landlord who served a notice a year ago and only now wants to issue proceedings.
A tenant working out how much time the notice actually gives them.
A landlord asking the court to dispense with the notice requirement altogether.
What this section does not say
×It is not the section 21 route. This is the notice for possession on a Schedule 2 ground, which must be specified and particularised.
×It does not tell you the grounds. Those are in Schedule 2; section 8 only governs the notice about them.
×It does not give a single notice period. The period depends on the ground relied on, and a notice specifying several grounds must run for the longest of them.
×It does not allow dispensation in every case. The court may not dispense with notice where possession is sought on Ground 7A, 7B or 8.
×It does not end the tenancy. A section 8 notice permits proceedings; the tenancy ends only when a possession order is executed under section 5.
Worked examples
Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.
Illustrative example
A tenant receives a letter with a ground number written on it and nothing else, telling them to leave in two weeks. There is no prescribed form and no explanation of what they are said to have done.
How the wording applies
Two separate requirements bite. Subsection (2) says the court shall not make an order on a Schedule 2 ground unless that ground and particulars of it are specified in the notice - a bare ground number is not particulars. And the notice must be in the prescribed form and give the period appropriate to the ground relied on, which varies from four weeks to four months. The fact that decides how much time the tenant actually has is which ground is being relied on, not the date the landlord wrote on the letter.
How the parties settled it
The landlord withdraws the letter and agrees to serve a proper notice if they still want possession; the tenant agrees to respond in writing within fourteen days of any valid notice.
Illustrative example
A landlord served a section 8 notice fourteen months ago after a period of arrears, did nothing with it while the tenant caught up, and now wants to issue proceedings on it after a fresh disagreement.
How the wording applies
The notice must state that proceedings will not begin later than twelve months from the date of service, and that long-stop is easy to miss: a notice left unused beyond it is spent. The fact that decides whether anything survives is the date of service against today's date, and if the notice is spent the arrears position has to be reassessed and a fresh notice served on current facts.
How the parties settled it
Both agree the old notice is at an end, and the tenant agrees a standing order covering the rent plus a fixed monthly sum until the remaining balance is cleared.
The same problem elsewhere
The other legal systems in this collection answer the same everyday problem with their own provisions.
The comparison and these one-line summaries are in English.
The tenant has stopped paying and will not leave: what the law says in six jurisdictions
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
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This page reproduces the text of HA 1988 s. 8 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.